Court awards cost against CBN in ex-governor Nyame, 3 others’ suit

by Tom Chiahemen
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The National Industrial Court has awarded N750,000 against the Central Bank of Nigeria (CBN), over failure to pay former governor of Taraba, Jolly Nyame and three others their pension arrears.

The other judgment creditors in the suit are Uba Ahmadu, Abubakar Armayau and Bilkisu Danboyi.

Delivering judgment, Justice Osatohanmwen Obaseki- Osaghae also declined the stay of execution application brought by CBN.

The application for stay of execution was brought by CBN through its counsel, Ifediora Obiora informing the court about a notice of appeal seeking to appeal the garnishee order made by the court on Feb.24, 2022.

D.D Shintema, counsel to the judgment debtors, aligned himself with the CBN counsel’s application.

Counsel to the judgment creditors, F.K. Idepefo, SAN in response to the application submitted that the application for stay of execution by CBN was designed to delay the enforcement of the order.

The counsel further averred that CBN ought to comply with the order of the court as stipulated by the provision of Section 287(3) of the Constitution of the Federal Republic of Nigeria 1999(as amended).

Idepefo had earlier sought for a garnishee order to the court to compel CBN to deduct the sum of N155.1 million from the funds standing to the credit of the government of Taraba from the Federation Account as payment to the judgment creditors

The court however, in its ruling declined the application and awarded the cost of N750,000 against the applicant.

News Agency of Nigeria ( NAN) reports that the court had on July 25,2022 awarded the cost of N100,000 against CBN, for seeking to withdraw and replace a motion that was earlier served on the judgment creditor’s counsel which he had responded to via a counter-affidavit.

The motion had urged the court to set aside the garnishee order it made absolute on May 24,2022.

A garnishee order is a judicial proceeding of execution or enforcement of monetary judgment whereby money belonging to a judgment debtor, in the hands or possession of a third party known as the ‘Garnishee’ (usually a bank), is attached or seized by a judgment creditor, the ‘Garnisher’, in satisfaction of a judgment sum or debt.

NAN also reports that the the judgment creditors were former employees of the Taraba government and upon retirement were paid some of their entitlements.

They are therefore seeking the payment of their unpaid pension arrears. NAN

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